Order Pursuant to Federal Rule of Criminal Procedure 5(f) — USA v. Distefano (Dkt. 7, N.D. Ill.)

Summary

Document 7, a one-page Order Pursuant to Federal Rule of Criminal Procedure 5(f) dated September 11, 2024 in United States of America v. Francesco Distefano, Case No.: 1:24-cr-00424, Northern District of Illinois, Eastern Division, before Magistrate Judge McShain. The order states that, with both the prosecutor and defense counsel present, the court confirms the government's obligation to disclose favorable evidence to the accused under Brady v. Maryland, 373 U.S. 83 (1963), and orders it to do so. It states that failure to produce such evidence in a timely manner may result in sanctions, including adverse jury instructions, dismissal of charges and contempt proceedings. The printed name below the order is Heather K. McShain, United States Magistrate Judge.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Record facts

Full text

IN THE UNITED STATES DISTRICT COURT 
NOTHERN DISTRICT OF ILLINOIS 
EASTERN DIVISION 
United States of America, 
) 
) 
) 
) 
) 
Case No.: 1:24-cr-00424
Magistrate Judge McShain 
) 
Plaintiff, 
v. 
Francesco Distefano, 
Defendant.
) 
ORDER PURSUANT TO FEDERAL RULE OF CRIMINAL PROCEDURE 5(f) 
Pursuant to Rule 5(f) of the Federal Rules of Criminal Procedure, the court, 
with both the prosecutor and defense counsel present, confirms the government’s 
obligation to disclose favorable evidence to the accused under Brady v. Maryland, 373 
U.S. 83 (1963), and its progeny, and orders it to do so. Favorable evidence under 
Brady need have only some weight and includes both exculpatory and impeaching 
evidence. Failure to produce such evidence in a timely manner may result in 
sanctions, including, but not limited to, adverse jury instructions, dismissal of 
charges, and contempt proceedings.  
_____________________________________ 
HEATHER K. McSHAIN 
United States Magistrate Judge 
DATE: September 11, 2024
Case: 1:24-cr-00424 Document #: 7 Filed: 09/11/24 Page 1 of 1 PageID #:19

File and source

File

gov.uscourts.ilnd.464178.7.0.pdf

Size

155,910 bytes

SHA-256

0a18cd165585411d1aee1f7f3b2545c90bf73bbd252e31bba0933778f410cd32

Our copy

gov.uscourts.ilnd.464178.7.0.pdf

Original

PACER (login required)